NRS 104.9323
Future advances.

1.

Except as otherwise provided in subsection 3, for purposes of determining the priority of a perfected security interest under subsection 1 of NRS 104.9322, perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:

(a)

Is made while the security interest is perfected only:

(1)

Under NRS 104.9309 when it attaches; or

(2)

Temporarily under subsection 5, 6 or 7 of NRS 104.9312; and

(b)

Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under NRS 104.9309 or subsection 5, 6 or 7 of NRS 104.9312.

2.

Except as otherwise provided in subsection 3, a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than 45 days after he or she becomes a lien creditor unless the advance is made:

(a)

Without knowledge of the lien; or

(b)

Pursuant to a commitment entered into without knowledge of the lien.

3.

Subsections 1 and 2 do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.

4.

Except as otherwise provided in subsection 5, a buyer of goods other than a buyer in the ordinary course of business takes free of a security interest to the extent that it secures advances made after the earlier of:

(a)

The time the secured party acquires knowledge of the buyer’s purchase; or

(b)

Forty-five days after the purchase.

5.

Subsection 4 does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer’s purchase and before the expiration of the 45-day period.

6.

Except as otherwise provided in subsection 7, a lessee of goods, other than a lessee in ordinary course of business, takes the leasehold free of a security interest to the extent that it secures advances made after the earlier of:

(a)

The time the secured party acquires knowledge of the lease; or

(b)

Forty-five days after the lease contract becomes enforceable.

7.

Subsection 6 does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.

Source: Section 104.9323 — Future advances., https://www.­leg.­state.­nv.­us/NRS/NRS-104.­html#NRS104Sec9323.

104.9301
Determination of law governing perfection and priority of security interests. 104.9302
Determination of law governing perfection and priority of agricultural liens. 104.9303
Determination of law governing perfection and priority of security interests in goods covered by certificate of title. 104.9304
Determination of law governing perfection and priority of security interests in deposit accounts. 104.9305
Determination of law governing perfection and priority of security interests in investment property. 104.9306
Determination of law governing perfection and priority of security interests in letter-of-credit rights. 104.9307
Location of debtor. 104.9308
When security interest or agricultural lien is perfected 104.9309
Security interest perfected upon attachment. 104.9310
When filing required to perfect security interest or agricultural lien 104.9311
Perfection of security interests in property subject to certain statutes, regulations and treaties. 104.9312
Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights and money 104.9313
When possession by or delivery to secured party perfects security interest without filing. 104.9314
Perfection by control. 104.9315
Secured party’s rights on disposition of collateral and in proceeds. 104.9316
Continued perfection of security interest following change in governing law. 104.9317
Interests that take priority over or take free of unperfected security interest or agricultural lien. 104.9318
No interest retained in right to payment that is sold 104.9319
Rights and title of consignee with respect to creditors and purchasers. 104.9320
Protection of certain buyers of goods. 104.9321
Protection of licensee of general intangible and lessee of goods in ordinary course of business. 104.9322
Priorities among conflicting security interests in and agricultural liens on same collateral. 104.9323
Future advances. 104.9324
Priority of purchase-money security interests. 104.9325
Priority of security interests in transferred collateral. 104.9326
Priority of security interests created by new debtor. 104.9327
Priority among conflicting security interests in same deposit account. 104.9328
Priority among conflicting security interests in same investment property. 104.9329
Priority among conflicting security interests in same letter-of-credit right. 104.9330
Priority of purchaser of chattel paper or instrument. 104.9331
Priority of rights of purchasers of instruments, documents and securities under other articles 104.9332
Effect of transfer of money 104.9333
Priority of certain possessory liens arising by operation of law. 104.9334
Priority of security interests in fixtures and crops. 104.9335
Accessions. 104.9336
Commingled goods. 104.9337
Priority of security interests in goods covered by certificate of title. 104.9338
Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information. 104.9339
Priority subject to subordination by agreement. 104.9340
Effectiveness of right of recoupment or setoff against deposit account. 104.9341
Bank’s rights and duties with respect to deposit account. 104.9342
Bank’s right to refuse to enter into or disclose existence of control agreement.
Last Updated

Jun. 24, 2021

§ 104.9323’s source at nv​.us